Can She Forgive Him?
by lostcowgirl
Summary: Five-year-olds Adam Dillon and his best friend John O'Brien have been shot and the evidence points to Matt Dillon as the man responsible. Although Kitty and the others close to them can't believe he intentionally shot his own and Newly's sons, the possibility exists Matt's own actions led to a tragic accident. Set 2 years after my post series Die a Little Live a Lot.
1. Chapter 1

**A Shooting**

I've been working after school for the Land Office in Dodge City for a couple of years now. Sometimes, now that I'm 16, my boss lets me deliver deeds and other papers to the owners all over Ford County and, in cases where there's some dispute, to the lawyers and judge involved. If the judge requests any papers all I have to do, if I don't stop off at the courthouse, is ride home with them. That's because my dad's Matt Dillon, who's been the circuit judge hereabouts for the past three years.

Anyway, pa had been away for a trial in Ashland and was due home this afternoon. I'd dropped off the deed for a farmer a bit southeast of the Arkansas and headed home cross-country hoping I might intercept pa on the Hays Road right by the lane leading to our ranch if I timed things right. Even though he could take the train, there are times he prefers coming and going on horseback. He might be over 50, but he finds being alone out on the prairie relaxes him. Whenever he does make these trips, he straps on his gun belt because even though it's more civilized, you never know when you might run into trouble where a six-gun's a better choice than the rifle you brought along for hunting.

I had a hunch my little brother Adam and his best friend John O'Brien lit out right after school and headed to a rise on the south side of the Hays road a mile or so east of where it meets up with the Ashland Road to wait until they spotted pa and then ride down to meet him. I wasn't in any hurry, so I let my horse settle into an easy lope not much faster than a walk and approached the rise from the southwest side. That's when I heard the first shot. Three more followed with one definitely coming from a rifle. I urged my mount into a full gallop to see if I could help since I pack my own peacemaker whenever I deliver papers to strangers just in case they react badly to what I give them. However, before I got near enough to see what was going on, a stranger joined me from the southeast.

We rode up to the scene at the northernmost and highest point on the rise. What I saw nearly knocked me from my saddle before I could pull my horse up. There was my father, holstering his pistol as he bent over my little brother, and John lying practically at my feet. Uncle Newly and Aunt Paula's boy had been shot. Dad must have heard the same shots I did. At least one of them had to be him returning fire.

"Dad! Pa!" I shouted at him as I tried to gain his attention as soon as I got my wits about me. "Did you get the polecat who did this?"

What I shouted made no sense when I reflected upon it later because there were no bodies except for the two five-year-olds. At least my sister Abby went straight home to help mom with supper and the baby, Maria so everything would be ready for when dad got home. It was bad enough pop and I had to deal with this. I shouted at him a few more times before I finally got his attention. His response was even more of a surprise than seeing two boys lying on the ground bleeding.

"I could have sworn some bushwhacker was after me. I must have shot them when I returned fire. If we can get the boys to Newly in time, maybe your ma will eventually forgive me."

Pa kinda froze after he spoke so I brought the boys' horses over between them and then the rope hanging off my saddle horn. When he saw what I was doing, the guilt he felt plain on his face, dad whistled to Buck, his horse that's almost a twin to mine and grabbed his own rope when the buckskin reached him. We each lifted a boy onto his horse and tied his feet to the stirrups and his arms around the horse's neck so he wouldn't fall off during the ride to the O'Brien house, just over the hill from our own. I saw to John and pa very gently tended to Adam, his eyes never straying from the son he held in his arms. When we were done, pop and I checked for any sign of a rifle or of a man leaving. There was none. Pa had never noticed him at all and it wasn't until we were ready to leave that I realized the stranger I'd ridden in with had disappeared.

We shouted as we rode up to the O'Brien's house. Wade Cross, the O'Brien foreman, sped out of the barn and Uncle Newly and Aunt Paula ran outside from the house with little Liam waddling out behind them as far as the porch in reaction to our cries. With their help we quickly got the oldest O'Brien child and the next to youngest Dillon inside to Uncle Newly's office so he could see how bad things were. I can't say that I blame him, but at the time pa and I were mad because he didn't see to Adam first once both boys were on his examining table. Meanwhile, Aunt Paula had left to boil water and gather whatever Uncle Newly would need.

"Matt, stop hovering over Adam. I can't do anything for him if you're in the way. Nat, pick up my office telephone and call your mother and sister. Tell them I need their help right away. Paula can keep an eye on Maria and Liam while we're busy in here."

By the time mom and Abs arrived, Uncle Newly was ready. Abby, her hands freshly scrubbed, placed his boiled instruments where he wanted them while ma administered the ether to Adam. He didn't need much because he was already unconscious. In fact, John was out cold too. Adam was first because his wound was more serious. The bullet was lodged in his chest to the left of his heart and resting against his lung while John's wound was in his side. Although it was in deep, it had somehow missed any vital organs. There was nothing for pa and I to do except worry, pace and try to keep out of the way. Finally, knowing we weren't wanted near the surgery, we resumed our pacing between the great room and the kitchen where we seemed to be just as much in the way.

I was the first to realize someone was knocking at the front door. I opened it. Lionel Walker, the man dad handpicked to replace him as marshal, stood there waiting to be let inside. Albert Goode, Uncle Chester and Aunt Elsie's younger son, told him where we were. I stepped back. Pa stopped his pacing as Lionel entered and sat in one of the chairs. Pa and I sat on the sofa.

"Matt, I can't believe it, but the description this stranger, Curt Leland, gave of the man who shot two boys fits you perfectly. He told me he rode to the spot it happened with a youth after the two of them heard shots. I'd guess that youth was you Nat so why don't you tell me what you saw and heard."

"I heard four shots, one likely from a rifle. A stranger, likely the man you spoke to, also heard them and we rode to the rise a couple of miles east of here where it overlooks the Hays Road. John and Adam were lying on the ground, shot. Pa was bending over Adam."

"That's all I need for now. Matt, you want to hand me your weapon while you tell me your side of things. I see you've still got it strapped on."

"What Nat didn't tell you," pa replied as he handed over his gun, "is I still had this in my hand when he got there. At least I think I did. Somebody fired at least one shot at me. I fired back in the direction I thought it came from. When there was no return fire, I started to climb the hill, but kept my gun in hand just in case. If you want to lock me up, I won't fight you. I must have shot both boys, but I sure wouldn't have if I'd known they were there."

"Your place is here, Matt. I won't lock you up unless a jury convicts you. It will be at least a week before you go on trial. I'll need to arrange for a judge and a jury. Meanwhile, I hope both boys survive. Only they know what happened on top of that rise, as hard as it will on them to talk about it. Leland was told to stick around until then. Paul's already spoken with him. I'm afraid our County Prosecutor will want to speak with you as well, Nat."

Lionel checked the chambers in pa's gun and found two bullets had been fired before handing it back to him. He tried to make small talk while we returned to our pacing. I was really worried, but I knew I didn't feel as bad as pa. He was convinced he'd shot and possibly killed his own son and the squirt's best friend. Finally, two hours after we'd brought the boys to him Newly emerged from his office.

"I'm still not sure if either of them will live, but my John, sorry Matt, Nat, has a better chance. Lionel, there's one thing you ought to know, which for me anyway, proves Matt didn't shoot my boy even by accident. There were powder burns around his wound. He was shot point blank with a Colt Peacemaker."

I'd never seen that look on pa's face before. He paled like there was no blood left in him, stood, then stomped past Uncle Newly, deliberately turning away from him, into the room where both boys still lay. Apparently, dad leaving was the cue for Lionel and Uncle Newly to follow him and for ma and Abs to leave the same room while Aunt Paula, with a tray piled high with plates and a pot of stew from the kitchen, followed closely by Liam and Maria came into the great room as well. I sat where I was; too shocked to move. I'm sure glad I hadn't mentioned pop still having his gun out when the stranger, whom I'm now sure is Leland, and I rode up.

The babies had already eaten. The four of us pushed what was in our plates around. We knew the two plates Aunt Paula placed in Uncle Newly's office were sitting on a table or desk untouched. Finally, mom decided she had to say something.

"Nat, I've known your father a long time and I can tell when he's more than worried about someone he cares about deeply recovering. He's feeling guilty about something. He's acting like he did when he was sure he shot an old girlfriend while battling it out with the outlaw she was with. What do you know about it, son?"

"Pa knows he fired two shots. I heard four, one I'm sure was from a rifle. When he got to the top of the rise after he returned fire and before I got there with a stranger named Curt Leland, all he saw were John and Adam lying on the ground with a bullet in each of them from a six-gun. He's convinced those were his bullets although Uncle Newly saying John was shot at close range is only making him feel worse. Lionel just left here and, thanks to Leland, Paul Skidmore's gonna charge him."

"More than that, that stubborn man I married is sure he doesn't deserve his family and that we'll never be able to forgive him, especially me. I'm not ready to forgive him yet, but I hope I will eventually if only for you kids' sake."


	2. Chapter 2 Charges, Lawyers & Trials

**Chapter 2 – Charges and Lawyers**

If you spend any time with us, you'll learn we Dillons are loyal and stubborn. Abs and I wanted to remain but when both parents put up a united front, despite not speaking to each other, we left to sleep at home while they kept vigil on opposite sides of the operating table where Adam remained alive but unconscious. Maria was sent to sleep in Liam's room, sharing his crib. Mom and dad did allow that Abby could remain close by in case she was needed, but I was to go into town tomorrow. It would be my duty to let Mr. Decory know why the three school age Dillon children wouldn't be in class and then to meet with Ford County Prosecutor Paul Skidmore to give my statement.

The next morning, after completing my and Adam's chores with Albert Goode, our foreman's help, I saddled my horse in preparation for the ride into town when I spotted a familiar buggy coming off the lane into the front yard, a horse tied behind it. Mr. Skidmore was driving, which explained the horse tied behind, while grandpa sat on the seat beside him fussing at him. Quickly as I could I returned my horse to his stall in the barn and removed the saddle before racing into the yard to greet our visitors. Albert and Abby beat me to it.

My sister and I welcomed the two men into the house while Albert took care of grandpa's horse and buggy and brought in his medical and carpet bags. We left Skidmore's mount tied to the porch rail. I led them to seats in our main room while Abby went to get them refreshments and then make up grandpa's bed with fresh sheets in the room that was set-aside for him.

"I took advantage of Doc Adams coming to see to the needs of his adoptive family and accompanied him. I doubted that under the circumstances you wanted to come into town, Nat."

"I know Paul needs to talk with you alone, so I'll take my leave and see how my protégé is doing at removing bullets from his son and my grandson. I'll try to convince him that with a highly skilled physician in residence, Adam can be moved here to his own bed sooner rather than later. I've also, thoughtful man that I am, informed Mr. Decory that my three grandchildren and the O'Brien child enrolled in his school will be absent until further notice due to the family emergency that all of Dodge already knows about. I trust Abby knows where your mother keeps her good whiskey. For the life of me I can't see why your father still keeps an inferior bottle at his office here and in town."

It wasn't long before Abby and grandpa left the house to drive over the hill in our surrey, leaving me alone with Mr. Skidmore. I knew I had to tell him what I witnessed even if Curt Leland hadn't already told him everything that happened on that rise I was once fond of but now despised.

"I know you're reluctant, but I'm sure your father would tell you, it's your duty. My plan is to call you as a hostile witness to corroborate Mr. Leland's testimony. Most folks in this town won't believe the evidence he'll give because it's not how they see Matt Dillon. However, they'll believe you, a loving son, no matter how reluctant you are to give it."

He finally dragged everything out of me, including what Uncle Newly had told us about John's wound last night. I walked out on the porch with him and watched as he rode over the hill to speak with Uncle Newly. Pa was in deep trouble. There was a strong, although largely circumstantial, case against him.

Just as I was about to turn toward the door and head back inside another rider approached and hailed me. This man was a stranger, so I ducked inside for a shotgun before he got too close. He seemed confident I wouldn't shoot him, dismounting as he talked.

"My name's Breckinridge Taylor, Breck to my friends. I came to Dodge about 15 years ago full of the enthusiasm of a new lawyer and looking to set up a practice. I got off on the wrong foot with the marshal, I assume your father, but we came to be friends when I realized my approach not only wouldn't work, it endangered innocent people like your mother. Anyway, I've been living in Meade and was the defense attorney in Ashland and recognized the judge as the man I'd known as the US Marshal in these parts. There's not much to challenge me along the Oklahoma border except on rare occasions. Seeing Matt reminded me that there's much more opportunity to accomplish something really useful in Dodge City than where I'd settled. Then, when I registered at the Dodge House, I heard about the charges against him. I'd like to represent him. Is he here?"

"No, Mr. Taylor," I said as I leaned the shotgun against the wall. "He's with ma at Adam's bedside over the hill at the O'Brien place. Fact is I could walk over there with you because there's no point in hanging around here. Albert can handle whatever ranch work needs doing. Trouble is, Mr. Skidmore's already got me penciled in as a hostile prosecution witness so I can't be much help to you. The only real help would be to find the man who fired the other two shots I heard and for the squirt and his friend to live to say what they saw, even if they're only five."

The two of us meandered up and over the hill. By the time we arrived, Skidmore had already left and told pop that the charges against him were two counts of attempted murder rather than murder. Both boys would live. At least he wouldn't hang, but I'm not sure dad preferred that. Unless Mr. Taylor could convince him otherwise I think he was willing to plead guilty to the lesser charge he now faced and hope that he lived long enough for ma to forgive him even if he couldn't forgive himself. As for me, there was no way I could believe the man I wanted to emulate as grew into full manhood could have deliberately shot two small boys, kin to him or not. Even if one of the bullets fired from his revolver hit Adam, it was fired only because he was defending himself. He needed to know I never blamed him for what happened to my kid brother and almost cousin, so there was nothing to forgive.

I wasn't sure about ma. Abs and I were adopted. Adam was the first child she birthed. He and Maria were special. She probably thought pa was too quick to return fire. He should have waited until he could see his adversary. Now that Adam was gonna live, I hoped she could get by that and remember he had no idea the boys were up there. He only knew someone was shooting at him with one purpose in mind - killing him. Enemies don't disappear just because you hang up the badge.

Mr. Taylor did somehow manage to convince pa to stand trial. He's a very persuasive man. Mom wasn't quite as cold as we rode in the surrey back toward our house now that she knew she wasn't gonna lose a son, but I could tell she wasn't ready to forgive him for shooting Adam and John even if she'd never believe it was anything but bad luck.


	3. Chapter 3 Mob Rule

**Chapter 3 – Mob Rule**

Now that the whole family was back home life for folks named Dillon and those closest to them returned to as normal as it could under the circumstances. Uncle Newly could concentrate on his son John's recovery and grandpa, who was staying with us, was making sure his godson Adam returned to full health. Of course, things were still strained between pa and ma, although neither was straying far from Adam's bedside and Abs and I hadn't returned to school. Oh, we also had an additional person staying in the house – pop's lawyer, Breck as we'd come to call him.

We ate sparingly at dinner that first day. Once it became obvious nobody at the table planned on touching another bite, Abby and mom cleared the table, dad went off to his office to talk over his defense and grandpa returned to his sleeping patient while Albert and I headed toward the barn so the business of running a ranch didn't get too far behind. At least it was fall, so most of the hay was already in the barn along with the other feed we'd harvested and what vegetables we wouldn't be eating right away were stored in the root cellar ready for ma and Abs to can.

Our first visitor that afternoon was Uncle Festus. He'd told Lionel that he'd come out to see how things were going in person, fill us in on all the news from town and report back to him on that new fangled talkin' device as he called it. I think he simply wanted to find out if grandpa was really staying with us so he could see to Adam and not going fishing without him. The first thing he did after putting Ruth in the barn and entering the house was go right past Abby and me with barely a nod hello into Adam's room to report to pa just like he did when he was pa's deputy instead of Lionel's. Since Adam was still asleep, both men strolled back down the hall past the bathroom and kitchen to our main room.

"Matthew," Festus began once dad and Breck joined us. "Judge Benson'll be round next Monday fer yer trial. Paul says the judge will wait until Adam 'n' John ken say their piece in the courthouse even if it takes a few more days. They's jist one problem. The longer it takes fer yer trial to start, the more some folks is demandin' their own form o justice. 'Cause o that, Lionel thinks it's best you remain here. The one who done accused yah has been stirrin' up enough drunks & the few settled folks what has it in fer yah, either from back when yah was marshal or now as a judge, an' they's fixin' fer a fight with more joinin' in each day. They may even work up the courage tah come out here. I reckon I oughta stay here so's we ken claim yer under arrest if they come round askin'."

"Festus, you're always welcome to stay, but not because I need to be protected from a mob. Still, an extra gun hand won't hurt if they do come by."

"I know you want to protect your home and family, but for the sake of legal appearances, Matt, it would be better if you aren't armed. Festus, Albert, Nat and I can form a cordon around you if a mob shows," Breck added.

Pa didn't buy what his lawyer was saying at first but he finally gave in under pressure from all of us, including ma. Long before mom and Abby were starting in on supper for ten we worked out a plan. We all hoped we wouldn't have to implement it, but if we did, we hoped it would work. Abby volunteered to put Maria down for her nap and to sit by her younger brother in case he woke up. Suddenly, all of us who remained in the front room grew alert as we heard the sound of someone approaching, but relaxed somewhat when, as the sound grew closer, that it was a single horse and buggy. A glance out a front window proved us right. It was Mr. Skidmore. Uncle Festus let him in.

"Miss Kitty, Doc," he began, ignoring dad. Do you think Adam is up to making a statement? If not, I can come back whenever you say he'll be ready."

The five-year-old was ready. He'd awakened between the time Abby went to sit by him and the arrival of the Ford County Prosecutor, demanding something to eat. While mom went to the kitchen to fix a tray for her recuperating son, Breck, Mr. Skidmore and Uncle Festus entered Adam's room and closed the door. Although we knew it was wrong to eavesdrop, Abs, Albert and I put our ears to the door so we could hear what they were saying and reported it to the others. We backed off guiltily when mom came by with the tray and asked the closest of us to knock. Uncle Festus opened up, let her in and the rest of us went back to listening, but nothing more of interest was said.

We hung back when the door opened again and stayed open to let the remaining members of the household in to greet the now wide-awake, but still weak Adam. Grandpa, pa and ma stayed with us, but the two lawyers and Uncle Festus walked over the hill to hear what John O'Brien had to say. We'd have to wait until they returned before we knew anything more. I was disappointed because neither lawyer wanted me to hear what the boys said so my own testimony wouldn't be influenced. I was sent to do the late afternoon chores while the others, who'd have no part in the trial, were filled in on the details and to watch the prosecutor drive away with what looked like a frown on his face. I doubted John's information differed greatly from what I heard while surreptitiously listening to Adam. I wasn't anywhere near being a lawyer yet, but the boys wouldn't be star prosecution witnesses, as we feared. The defense laid claim to them instead.

Things remained quiet that night and for the next three nights. By then Adam was very much improved. He'd even joined us for meals. The fourth night was Saturday, which left only one more to go before the trial. We'd been sitting together in the front room since supper, but now it was time for the two youngest Dillons to get to bed. Accordingly, mom and dad rose to help them get ready. Suddenly pa froze. Momentarily I was confused, but then I realized it had grown too quiet. Something was wrong. Pop came alive and began to bark orders that would implement the plan. Abby and grandpa changed places with ma and pa and led the little ones to Adam's room. If necessary, they both could use the pistol and rifles left in that room, but out of reach of the baby if anyone tried to break in through either the window or the door. Everyone else, except pa, grabbed the rifles we'd made sure were in easy reach and I strapped on my gun belt with my fully loaded Colt already in the holster. That's when a rock came through the window on the kitchen side of the front porch.

We raced outside, forming a phalanx around pa on the porch and dispatching a guard to the outside door to pa's office and the kitchen door to barricade those entrances with whatever was handy to block them after they were barred shut, effectively blocking entrance into the house, our rifles, two double-barreled shotguns and two Winchesters ready to shoot into the crowd along with my and Uncle Festus' side arms. Uncle Festus and I stood directly in front of pa. Albert stood next to me and Breck was next to Uncle Festus holding the shotguns. At least 12 heavily armed men faced us, their horses tied in the trees by far end of the entry lane by the sign telling travelers this narrow side road on the left as you rode away from town led to the Rocking D Ranch.

"Give us that child killer and we'll let the rest of you alone. You know it's the best thing to do deputy when a man goes after his own and Doc Newly's son. I heard he stood right in front of them so he couldn't possibly miss while he done it."

"First off, what gave yah the idea, Farley that them two boys was shot up close? Second, who says they's dead? The trial's in two days so what's yer hurry?"

"I'll tell you what's our hurry, Festus Haggen. We all know Dillon's got too much pull in this town. The jury will be handpicked. There's no way they'll convict him. Dillon practically would have beat Farley to death if he'd the chance after he did nothing more than rent a room to a man our former marshal got hung on a trumped up charge just like the trumped up charges that sent my boy to the county work farm and forced me to deliver my profits from my flourmill to his friends."

"Yeah, Nat what are you doin' standing up for your pa when he tried to murder your little brother and for all we know succeeded?" Pete Duncan added to his father Mike's tirade. "Oh yeah, you're just as much a murderous coward as he is."

I'd heard enough. I cocked my rifle in my left hand and drew my Colt with my right as the others also cocked their weapons. However, Uncle Festus raised his right hand with his revolver in it and fired into the air before Albert, Breck or I could fire into the crowd.

"I heared enough from you three so-called leaders. What yah ken do is lead this bunch o polecats back tah the rock yah crawled out from before I git on yah like ugly on an ape. The first one that makes a move tah git Matthew gits a bullet in his gut 'n' if'n yah still got any gumption after that these three fellas I deputized will do the same to any other fool ready to try it."

One of the hangers on at the Bull's Head, standing next to Farley, raised his '45 as if to fire and so did so did a Rat Hole Alley resident, a would be gunman, who once tried to stop me from delivering an eviction notice to his buddy. Uncle Festus and I fired before either could get a shot off. They fell clutching their bellies. That was enough for the remainder of the mob. They began to disperse and run toward where they'd left their horses, but not before Uncle Festus made sure Farley and Pete & Mike Duncan dragged off the wounded men. I couldn't be certain, but I thought one of the first to leave was Curt Leland, who'd been hiding out at the back of the mob he'd been exhorting to action ever since Lionel didn't jail pa. I could only wonder why.


	4. Chapter 4 The Prosecution's Case

**Chapter 4 – The Prosecution's Case**

Facing them down Saturday night must have taken the starch out of the lynch mob. We had no trouble on Sunday except for some folks looking at us funny and not talking to us when we all went to church, even pa. Breck had insisted on that. Still, the pitying stares from long-time friends made us uncomfortable enough that we didn't stay in town afterwards, not even Albert. Instead we all headed home directly from grandpa's office where we left him and Uncle Festus bickering as usual.

The whole family woke early Monday morning so we'd have plenty of time to get ready for the nine o'clock start of pop's trial on two counts of attempted murder. Ma still mostly ignored pa over breakfast, but she sure fussed over Adam. Pa also paid special attention to him like he was making sure the kid would have no reason to hate him, especially after what would come out in the trial. The squirt was still sore but he would be racing around soon enough.

It was kind of strange seeing pop sitting at the defendant's table with Breck, his lawyer Breckinridge Taylor, instead of behind the judge's desk. He'd only been federal and state circuit judge for a couple of years but we'd gotten used to it. Before that he was an officer of the court as the US Marshal and usually chief arresting officer who would sit right behind the defendant in case of trouble even if he didn't escort the prisoner to and from the courtroom. Instead of my dad, a Judge Benson, who had presided over a case where pa was on trial for using excess violence when he killed a gunman by the name of McCord who was hired to kill him, was in charge. As usual, Paul Skidmore was the prosecutor. The voters of Ford County saw no reason to throw him out of office because he usually did a good job.

Mr. Skidmore and Breck allowed me to sit inside the whole time with the prosecution witnesses including Uncle Newly. I reckon they figured that besides being treated as a hostile witness due to being related to the defendant, I'm old enough to not be swayed by what the witnesses called to the stand before me had to say. I sat next to my sister Abby and Albert in that first row behind the defense table that was reserved for us, but on the center aisle. Grandpa sat on the other side of Abs. Mom remained on the bench outside the courtroom with Adam and Maria. Clem, the junior deputy marshal in town sat with them, Aunt Paula, Liam and John. Uncle Festus and Lionel had seats, one on each side of the center aisle. One bailiff stood beside the door while the other stood near the front to escort and swear in each witness.

The first few witnesses were men who thought pa used too much force when he was marshal, but Breck quickly established even with the most hardcore that dad was only violent toward those who hurt or insulted the tiny number of people pa allowed to get close to him, particularly ma. He never took his anger out on women and children. He couldn't, however, prevent the fact that pa would threaten and, on occasion, punch those who abused women and children or even mild-mannered men that had no connection to him.

The first to take the stand for any longer than a couple of minutes was Lionel Walker, the Denver District Attorney's son and city detective pa handpicked to succeed him as marshal. He related why he merely informed pa of the charges that were filed against him rather than locking him up in a cell. It was because he trusted pa to show for his trial, saw that he wasn't endangering Adam or John and had only fired two shots while both dad and I maintained there were four. However, despite finding more bullets, including a rifle bullet that could have been fired toward the road from the rise, Skidmore just might have made the jury believe the extra bullets were from another time since the area was a common gathering spot for hunters and for those who were taking target practice.

Then came Uncle Newly. I already knew what he'd say, although reluctantly, about the powder burns on John's wound indicating he was shot at close range. He also talked about how severe the wound to Adam was and that both boys were shot with a Colt Peacemaker, which he knew because he was a gunsmith and part-time deputy before qualifying as a doctor. During cross-examination by Breck he told how pa and I brought the two wounded boys right to him and how concerned pa seemed. Then it was my turn. I noticed when I stood to take my place that mom came in with Maria, leaving both Adam and John with only deputy Clem and Aunt Paula, who'd briefly been inside the courtroom. She'd come in to hear Uncle Newly's testimony and then gone back out so ma could hear mine.

Instead of me being called to the stand Judge Benson called for a recess of a couple of hours so we could all eat dinner. Before dismissing everybody, he issued a long list of instructions. Pa was to eat with his lawyer instead of with the family, the jury was to eat together in the room set aside for them in the courthouse with a bailiff bringing them whatever they ordered, Clem and Lionel were to remain with the O'Brien family, including Bear Sanderson, and the rest of the Dillon clan, including Albert and grandpa, while Uncle Festus was to make sure the remaining prosecution witness Curt Leland and the defense witnesses were to have no contact with each other. He made sure we understood that even witnesses for the same side or, unwittingly in my case, on opposite sides, weren't to talk about the trial testimony details or even about things that peripherally affected the proceedings.

That left very little for us to talk about as we pushed our food around our plates in Delmonico's. The two families, being neighbors, walked in a group to the restaurant and took adjoining tables. Clem was at our table and Lionel at theirs. I think this was because Lionel had given testimony and was closer to us than the newest deputy, Clem. Even so, ma found a way to tell us about how pa had felt guilty when he'd shot an old girlfriend during a gun battle with the outlaw she was with. This happened over five years ago. I think remembering that was helping her to come to terms with the possibility pa actually did shoot Adam accidently and get to a point where she could forgive him for nearly killing the first child she actually birthed and he fathered.

At one I was duly sworn in and sat down in the witness chair ready for the first question from Mr. Skidmore. I looked at ma's troubled face as he began his questioning, knowing, if I was forced to, what I had to say would make the parallel with Lee Jackson's shooting all to real.

"Nat, I've known you long enough to realize how you feel about your father. I don't think anyone who's lived any length of time in or around Dodge City has any doubts that you love and respect him. However, and he'd be the first to confirm this, it's your duty to tell this court what you witnessed on the afternoon of Monday a week, October 9, 1893. Please begin with how you came to arrive at the scene."

"I'd delivered papers from the land office where I work to a farmer who lives southeast of the Arkansas and then headed home across the prairie. I was hoping to meet up with pa, I mean the defendant, so we could ride home together. He was due back from Ashland that afternoon. My route brought me to the rise that overlooks the Hays Road a quarter mile east of where the lane to the O'Brien ranch intersects it. The rise gently slopes downward on all but the north side, the Hays Road side. That's where it's the highest and the land rises more steeply to it. I came from the southeast and was soon joined by a stranger riding from the southwest; that is closer to town. We both were riding fast because we heard gunshots."

"Thank you, Nat. I know you were about to say more, but the vital information is what you saw when you arrived at the top of that rise. You can start by telling the court who you saw as you and my next witness rode close."

"I could see two small bodies lying on the ground between a couple of cottonwoods. Pa was bending over one of them. I got down from my horse and went to the other body. I saw that John O'Brien had been shot and so I knew the boy pa was bending over had to be my little brother Adam because the two are nearly inseparable."

"I'm sure the jury knows you mean the accused when you say pa. If you can, I'd like you to describe the scene in greater detail. In particular, I'd like you to tell us everything you saw your father doing from the moment you saw him even if it's painful."

"Mr. Skidmore, I know what you want me to say. It's about what pa was doing with his right arm as he began to bend down to look at Adam. Do I have to, Judge?"

"Yes son, you do. You're sworn to tell the whole truth."

"Pa was walking toward where Adam lay, his gun still drawn, as I rode up. He holstered it as he bent down to look at my little brother. I walked closer after discovering what happened to John and could see he was feeling for a pulse. He remained perfectly still, kneeling beside the squirt, that's what I call him, except for moving his hand from Adam's neck to brush his fingers against his forehead and push back a stray red hair. I may have said something, 'cause that's when he started to give orders about getting both boys to Uncle Newly."

Skidmore asked me a couple more questions. Then Breck took over, but not before I had a chance to glance at mom and Abs. I could tell from their faces that both were shocked. Abby's expression had soured when Uncle Newly revealed John was shot at close range with a six-gun. She must have told ma because at dinner she'd used similar situations to bring the conversation around to pa believing he'd accidently shot that Lee woman during the exchange of gunfire. Me saying pop had his weapon out as he came toward Adam made Uncle Newly's statement more real for them. Still, like me, they couldn't believe pa could do something so horrible. There had to be another explanation.

"Nat," Breck began. "I want to take you back to before you came to the spot where your brother and cousin were lying. I say cousin because you refer to John's father as Uncle Newly and not Doc Newly like most of the people in this community do. You mentioned hearing shots. How many did you hear and did they sound like they all came from the same type of weapon?"

"I heard four shots. One was from a rifle."

"How can you be so sure? Do you have the kind of experience with arms that Doctor O'Brien has?"

"No sir. I've nowhere near that kind of experience, but I don't need it to tell a rifle shot from a pistol shot. When your dad's been the best US Marshal there ever was, you can't help but learn about guns. He taught me respect for the damage all firearms can do if misused and how to safely handle each type and that included learning the differences."

"Thank you, Nat. Now, bring your mind back to when you dismounted from your horse and saw first John O'Brien lying on the ground wounded and then your father approaching your brother Adam. Is it possible he hadn't time to holster his gun from reacting to hearing shots fired and that he was even more shocked than you to see his younger son and another boy, one he looked on as a nephew, possibly dead? How did you interpret his body language and subsequent actions? Finally, did you notice what the man you rode up to the horrible scenario with did while you were focused on your family members?"

"Of course it's possible pop had his gun out to defend himself and when he saw John and Adam he naturally hesitated. He seemed to be looking around to see if there was anyone who might have fired any shots, but that was for less than a second. Then his focus was all on Adam. I lost track of the man who rode in with me and I doubt he even noticed that man, who I assume is the next prosecution witness. He barely noticed me at first; he was so focused on what happened to Adam. It was only when I came closer, showing the same shocked concern, that he realized his other son was there as well."

"Nat, neither Mr. Taylor nor I want to prolong what must be an ordeal for you torn as you are between loyalty to your father and the commitment to the truth he's ingrained in you," Mr. Skidmore who was back to questioning me stated. "However, could it be that your father, a man who's been known to lose his temper in the past and become excessively violent as previous witnesses have stated, grew angry with John O'Brien and shot him before he realized what he was doing and then shot your brother when you rode up? Isn't it possible your mind was playing tricks on you and invented the additional gunshots you heard and furthermore that you rationalized why his gun was out while he approached young Adam?"

"Mr. Skidmore, I know you're only asking me those questions because it's part of your job. You've known my pa long enough to know what you're saying about him is impossible. Yeah, he's been known to lose his temper and beat men or even threaten to kill them if they didn't disappear, but he's never used his gun in anger, whether the man was armed or not, and he's never been violent toward any woman or child. It's not in his nature. Once dad became aware I was there, he told me what I was to do so we could bring Adam and John to Uncle Newly as quickly as possible. Before you ask, had Leland remained instead of riding for town, pop would have had him help as well."

I was allowed to sit back down with the rest of my family while Curt Leland was called to the stand and sworn in. His testimony was somewhat different from mine. He wouldn't commit to more than two shots being fired and maintained pa was threatening the already down Adam with his gun when we rode up. He testified someone needed to remain alive to bring charges so he'd hightailed it back to town and was surprised Adam and John were given immediate medical attention, thus saving their lives and that I wasn't a victim as well.


	5. Chapter 5 The Defense Takes Its Turn

**Chapter 5 – The Defense Takes Its Turn**

The prosecution's case was over until Skidmore summed up everything he had at the end. John and Adam were called as the first defense witnesses because the boys were growing ever more restless on the bench outside the courtroom. I noticed Leland was sitting by the door, looking for the first opportunity to leave. He was about to get up as Aunt Paula came forward with John, but Uncle Festus, who'd remained at the back after the recess, stuck his foot out and tripped him up. He must have noticed me eying the man because he blocked Leland's way long enough for John to point him out as the man who'd held a pistol on him to force Adam to shoot pa with a rifle and then shot him with that pistol while still holding on to him when Adam hesitated. Uncle Festus, under orders from Judge Benson, made certain Leland stayed put after that while Adam took the stand to corroborate John's testimony and bring it past when pa arrived.

"As soon as school let out I asked John to climb the rise that overlooked a spot in the road beyond where we'd normally turn off for home to wait for pa to come riding up from past the long road to John's house. Our eyes were on the road so we didn't notice the stranger come up behind us and put his gun against John's side. He handed me a small rifle, about the size of the one pa helped me to aim and fire when he first took me hunting with him and my big brother Nat and threatened to kill John if I didn't fire at the man who'd soon be coming along the road. He was standing a few feet away from me holding John, his gun held against him while looking down at the road. Sure enough a rider was coming ever closer. It didn't take long to see who it was. That's when he told me to shoot as soon as the man was directly below me. I couldn't shoot the rifle even if it wasn't a bit too heavy for me to handle easily because I couldn't shoot pa, but I also didn't want the man to shoot John. I didn't know what to do so I froze. That man didn't. He shot John then jumped across the space between us to stand behind me with his arms around me to force me to pull the trigger and shoot at pa. At first I looked at pa to see if I'd missed, but I couldn't see him. Then I saw pa had leapt from his horse for shelter and now he rose up, his gun aimed toward me to shoot back toward the bush I was behind. It all happened so fast I didn't have time to move or realize at first that the stranger no longer had a hold of me. I quickly turned my head to look behind me. The stranger was on his horse but his gun was pointed at me. The last thing I heard before I woke up at home was two shots, although it may have been three because one of them was awfully loud."

Skidmore hadn't been able to shake John O'Brien's testimony and the squirt's contribution only made it more believable, at least as far as John's shooting was concerned. Neither five-year-old hesitated when it came to identifying Curt Leland, the scumbag who brought the charges against pa, as the man who'd been up there with them and who, at the very least, shot John at point blank range, leaving the powder burns around the wound. Both lawyers approached the judge. The result of the whispered conversation was that Leland was placed under arrest. However, Judge Benson ruled it still had to be determined if pa had been reckless in firing back or if it was an accident that was the unfortunate outcome of reacting in self-defense. Court was adjourned until the following morning.

Although we had to come back to town, we lived close enough that ma decided the family should go home for the night and sleep in our own beds. She didn't talk to pa about it, but I did see her and Uncle Newly talking while I was bringing the surrey to the front door of the courthouse at the same time as Bear Sanderson, Aunt Paula's pa, brought the O'Brien buggy to the door as well. Bear and I climbed down as pa came outside with Breck. They must have been talked out because Breck walked toward his office on the corner of Front and Bridge Streets and dad walked toward mom. He tried to help her into the surrey, but she stiffened and he dropped his arm from around her waist as she climbed in by herself and Albert lifted Maria up onto the rear seat and then climbed in after Adam.

"I never believed pa capable of deliberately shooting your grandson John or my little brother," I said turning to Bear. "I don't think Uncle Newly or Aunt Paula believed it either and now we know he never shot John at all so there's no longer anything for them to forgive pa about. I'm not so sure about ma forgiving him."

"It's true, Nat, we know your pa didn't shoot John. There's nothing for our family to forgive. However, the same can't be said about him shooting Adam. All we can know for sure is that it was by accident. Each of you has to decide if you've accepted it as inevitable. I saw your ma's reaction, so I know what's bothering you. Can she forgive him? I don't know, perhaps in time. Knowing the man for as long as I have, the real question is can he forgive himself? Your pa believes his shot nearly killed Adam and, being the man he is, feels guilty for failing a father's prime responsibility, which is to protect his family."

I thought about what Bear had said as he took his leave of his daughter's family while pa mounted Albert's horse. Mom was waiting so I strode over to the surrey, climbed onto the front seat next to her and took the reins. Before I started us on our way home, I looked at both my parents while I thought over what Bear had said. Can she forgive him? Can he forgive himself? Maria was still too young to comprehend it all, but could Abby and especially Adam forgive him? Had they done so already? I know, now that the full circumstances have been revealed that I have. To my way of thinking he had no choice but to fire back before whoever it was got off another shot. It was pure instinct, self-preservation. He couldn't know Adam was up there being forced to fire that rifle shot in his direction. There was nothing for me to forgive my dad for unless I wanted him to act like someone other than the man I admire above all others.

Court reconvened at nine the next morning. Judge Benson ruled a new trial would be held for Leland where Uncle Newley, pa and I would have to testify again as to the events that occurred a week ago yesterday, but that barring an objection from Leland's lawyer once he arrived from St. Louis and familiarized himself with the case, Adam and John's testimony due to the fact they'd already been cross examined would be presented as depositions from this trial's transcript. Pa's trial, but with the new lesser, single charge, would continue where it left off yesterday. Breck decided to call grandpa as the only character witness since he'd known him longer than anybody and that pa would still relate the events as he saw them. I don't think pop was completely at ease with the strategy, but he agreed to go along with it.

"Doctor Adams, how long have you known the defendant, Matthew Dillon? From what I understand from the last time I practiced law in Dodge City you've known him longer than anybody currently living here. Also, how well do you know him?"

"I've known Matt Dillon for nearly 40 years although I was out of touch with him for 10 of those years while he was growing into manhood in points south and west of Kansas and while we were both fighting for the union. I'd say that's considerably longer than any other Dodge City citizen, current or former. Bear Sanderson was here, but he didn't meet Matt until he came here to be marshal. It wasn't even a town when the two of us found ourselves passing through here. Since his return to Dodge in '65 after the war ended he and his wife have become my family. I gave Kitty away at their wedding when that overgrown civil servant finally came to his senses and proposed. Their four children call me grandpa, although I kind of miss my godchild Adam's invented word for me "godpa." He was the only one who used it, but now thinks he's too old for such a silly made-up word."

"Being as close as you are, you should have no problem describing his main character traits for this court. What are the driving principles he lives by? What type of man is he?"

"Matt's a private man who's been guided by the law and all that can be achieved through it since he swore that oath and put on a badge as the youngest ever appointed United States Marshal. He abhors bullying in any form and despises anyone who takes the law into his own hands or uses it for personal gain simply because he's powerful enough to do it. He's also completely honest and can't be bought off no matter how much money is offered and takes full responsibility for the consequences of his actions or lack of them even when there's no way that he could have affected what happened or what he did only had a minor effect on the outcome. He sees his purpose in life to protect those he's sworn to protect and to shield those few he's allowed to become close to him from as much insult to their persons, mental or physical, as possible."

"Is Judge Dillon generally prone to violence or would he rather find a peaceful solution to problems? How did this manifest itself while he was marshal? Have you ever known him to physically harm a woman or child, stranger or not?"

"Matt's a gentle man. If a non-violent solution can be found, he'll try it first. The part of his job he despised, beside the fact that the job had to come before all other obligations in his mind, especially social ones, was being forced to kill. Until he finally decided to retire as marshal because age and injury were making him less effective and because it was time for that family and home with Kitty, it was the killing that more than once drove him to temporarily quit. It never lasted long in his younger days because he'd see some killer or spoiler, as he referred to them, taking advantage of the people in his town. He does have a temper, which he keeps under control just like his other emotions, except when he witnesses abuse of women and children. It's even harder to keep in check when the woman and children in question are his family. That's when he'll lash out with his fists and threaten death, but he can be stopped if those he's close to remind him he's a lawman first. With that attitude he could never willingly harm a woman or child and never has."

Skidmore tried to get grandpa to admit that when pa loses his temper he loses all perspective and to point out instances when pa, at least momentarily, acted irrationally leading to unnecessary injury. Grandpa refused to be baited so he finally gave up, at least with grandpa.

Pa was the final witness. He took the stand as soon as the trial reconvened after the dinner break and began to tell his part in the events that took place Monday last as he saw them. I looked at Albert, Abby, Adam and especially ma as pa talked. Albert, like me and his dad would have had he been in this court, believed pa despite the results did what he had to do. I didn't have a chance to talk with Abby and John, but from their expressions I reckoned at least Abby felt the same as Albert and me. Adam had the most to sort out because pa just might have been the one who shot him.

"I was near home when I heard a shot, followed almost immediately by another that sounded like a rifle shot as it whizzed past my ear over my left shoulder. I quickly dropped from the saddle as if I'd been hit and rolled toward the cover provided by the angle of the rise, making no effort to grab my rifle from the scabbard before another shot was fired. All I had time to do was fire off a quick couple of rounds in the general direction of where I thought whoever was trying to dry gulch me might be."

Did you move to investigate right away?" Breck Taylor, pa's lawyer interrupted. "Were any additional shots fired by you or by your assailant?"

"Nope. I waited five minutes. It remained quiet so I cautiously zigzagged from one bit of cover to the next further up the slope, my gun drawn and ready to fire if need be. Finally, scanning the area at the top, I spotted a small hat and the red hair on the head it had fallen off of and froze. When I regained my senses I rushed to my five-year-old son's side, holstering my Colt as I did, and knelt down beside him. He had a gunshot wound in his chest. He was still alive, but I didn't know for how long. Some part of my mind must have registered I wasn't alone because I glanced up to see my oldest and another small boy lying a few feet away who had to be John O'Brien."

"What did you do next?"

"I told Nat to get my horse from where I left him. Then we each picked up a boy and lifted him so his arms were around the horse's neck. We climbed on behind and rode as fast as we could to the O'Brien ranch so Newly could do what he could for them. He pulled them through otherwise I'd be on trial for murder rather than reckless endangerment."

Breck quit questioning pa at that point. I'm not sure what his strategy was, but I think he didn't want pa to mention his belief that it was his bullet that had struck Adam. If he was lucky Skidmore wouldn't ask him about it directly either.

"Judge Dillon, a title I use because it remains yours unless the government decides to suspend you or even revoke your right to practice law. Doctor Adams' testimony has established that you take responsibility for your actions even when you lose your temper and people get hurt or when you act precipitously and innocent bystanders are hurt. I'd like you to respond to each of the instances I mention, including those where you were either tried or nearly brought to trial, as to why you felt justified in taking the actions you did."

Skidmore then listed events, going back to when pa first came to Dodge, such as when he reacted in anger and beat a man within an inch of his life, threatened to kill the man or acted with extreme violence when he killed men in a shootout. I don't think he missed even one, including the case Judge Benson had presided over. Pa dutifully responded to each instance.

"That brings us to the current charge against you. I have only two questions regarding it. Do you believe one of the two shots you fired could have been the bullet that nearly killed your son Adam? If you do indeed believe this to be the case, would waiting to actually see the shooter have prevented such a near tragedy?"

"Yep, to both your questions. I nearly killed my son."

"Matt, I can't let you leave the stand just yet even though Mr. Skidmore would prefer that you do. Your response to him reflects the fact that you found your young son lying shot and possibly dying. Thankfully, the outcome of the event that occurred a week ago Monday wasn't fatal, but you couldn't know any of that at the time. Therefore, I want you to put your mind back to that day to before you knew who was on top of the rise. Did you have any reason to suspect your son and his best friend, a boy you look upon as a nephew, would be there to meet you? Also, why do you continue to wear your gun when you travel between towns on horseback even though you're no longer a marshal? I'm sure the jury will understand that it's not just because old habits die hard."

"When I'm riding in sometimes one or more of the boys will cross the trail I'm on, but usually like their mother and sisters, they don't see me until I reach the house so there was no reason to believe they were there. In answer to your second question times have changed enough that I'm no longer heeled while traveling from home to town or by stage or train. On horseback I keep a rifle for hunting in the scabbard. However, there are still enough lonely stretches of prairie where a man can be bushwhacked that I also sport a sidearm in case I meet up with a man with a grudge. After I heard that first shot followed by one just missed me I thought my life was in immediate danger so I fired back before they got me."

Each lawyer summed up his case and Judge Benson reminded the jury they had to decide if they could be certain the bullet that wounded Adam came from pa's gun and if, given the possibility it was his bullet if he under the circumstances should have acted less precipitously. He then sent the jury to deliberate. By this time it was well after three. Even so, it took two full hours to reach a verdict. They ruled that under the circumstances pa was justified in doing what he did and that Adam being wounded was an accidental result of the reasonable actions he took. Now all that remained, at least legally, was Leland's trial for three counts of attempted murder of John O'Brien, Adam Dillon and Matt Dillon, and also a charge of coercion toward murder of Adam Dillon. There was still the question of forgiveness, but that was strictly a family matter.


	6. Chapter 6 Some Questions Answered

**Chapter 6 – Some Questions Answered**

Despite pa's acquittal, I can't say things were back to normal within the Dillon family. We were all still coming to terms with what actually happened on that rise, especially pa, Adam and ma. After hearing what pa, Adam and John had to say about what happened before I got there with Curt Leland I knew what I felt in my gut was true – if it was pa's bullet that hit Adam, it wasn't on purpose. Pa had no idea who was up there shooting at him. It was natural to return fire or risk dying on the road within a couple of miles of home. Leland, on the other hand, shot at Adam deliberately after shooting John at close range. It made more sense to me that it was his bullet and not dad's blindly fired one that hit my little brother.

While I'd come to terms with things, Adam had been forced to deal with something a grown man would find harrowing. When I was five the biggest trauma I faced was whether or not I'd be punished for letting Abby take the blame for my scheme to climb up to reach the cookie jar. She'd willingly do it so she could get an extra cookie or two. Our parent's involvement didn't go beyond determining who the real culprit was, and since I was five and she was only two, that wasn't too difficult. Besides, even if she'd been conniving way beyond her years, which she is, all my red-haired sister had to do was bat those crystal blue eyes at them while blinking away tears to convince them it was all my doing. Adam had to choose between watching his best friend John be shot or shooting his father. I might have refused to take the rifle or shot Leland with it, but I'm near full grown not a little squirt with only a bit of hunting experience with a boy's rifle like the one he was handed. It's no wonder he hesitated enough that the rat shot John and then was able to grab the only non-female redhead in the family and force him to pull the trigger.

It's a good thing that shot missed or Adam would be more of a complete mess than he already is. It didn't miss by much and was the second shot pa heard so he rolled off his horse as if it hit him toward what cover there was. Then he fired twice toward where he thought the shots had come from. The ability to hit his target even if he doesn't have a clear view is part of why dad survived to retire as a lawman. It's also why he's convinced it was his bullet and not Leland's that hit my little brother, his younger son. He agrees with mom that he should have waited until he'd worked his way further up the rise until he could see the shooter and avoided it all. It wasn't until pop fired back that the rat took the rifle from a shocked Adam and galloped away. Eventually, the three of them will see that two Dillons and an O'Brien would have been lying there wounded when I rode up rather than one Dillon and one O'Brien. I'm not sure what the scumbag would have done then. We still don't know why he set up such an elaborate scheme in the first place.

You might think I'm ignoring the O'Brien family since their son John was also shot. Aunt Paula's known mom and pop all her life or close enough to it that it doesn't signify. Fact is neither she nor her pa Bear would ever believe pa would hurt a child if he could avoid it and if he couldn't that it would tear him up inside. Bear wouldn't have recommended him as marshal if he thought dad were any other sort of man. Uncle Newly hasn't known my folks as long, but he served as deputy and was admitted to our extended family after he risked his life to get word to pa that ma was in trouble. He knows pop would never do anything to hurt those he cares about if he could help it, even unintentionally. He also knows dad takes things onto himself. He always feels if only he'd done things differently people, especially people he cares deeply about, wouldn't have been hurt.

In a few days it will all be over, at least the legal part of it, when Leland comes to trial. Meanwhile, John, Adam, Abs and I are expected to go back to school for a couple of days and all of us show up in church on Sunday as if nothing's happened. I'm in favor of making excuses wherever we can until it's really completely settled. Pa would agree with me on the church part, but I'm guessing it would only make ma mad. As to school, both of them think we've missed too much of it as it is even if we're only about a month into it.

When our lunch break came around, I left the special assignment Mr. Decory gave me to help me prepare for going to college back east on my desk and grabbed the lunch pail ma had packed. Abby and Lester Pruitt and maybe Tom Harker would join me, but I figured Adam and John would probably eat with the other little kids. Suddenly I spotted Adam through the window in the schoolyard. He was taking some pretty good swings at the Buford twins, Ben & Bert. They're not exactly the nicest kids, but then their folks leave something to be desired when it comes to treating people fairly. I was on my way to help the squirt out by grabbing each of his tormentors by the collar so things could be sorted out, but their teacher beat me to it. She was the teacher in charge of the schoolyard during this recess. The twins scampered, but the prim and rather long in the tooth, despite being a new teacher this year, Miss Cora Tewksbury didn't seem very sympathetic toward Adam.

"It appears to me Adam Dillon that you're too quick to react violently. Whatever Ben and Bert Buford had to say to you is understandable under the circumstances. I may not have lived in this community long, but I do know your father was on trial for shooting you and John O'Brien. I've heard how violent your father has been in the past and I say once violent, always violent. Now come with me so I can check you over for the welts I know cover your backside," she said as she grabbed for his arm to pull him inside.

The old hag probably expected him to follow meekly and let her pull up his shirt once they were inside the classroom, but Adam surprised not only her, but me and probably every other kid who was in the yard at the time and happened to see it. My little brother didn't sass her. He didn't say anything to counter what she implied about our dad. Instead he hit her in the stomach as hard as he could, which went against everything he'd been taught. Before she could catch her breath and smack him the way he deserved or he could let loose with his right fist again, I grabbed his right arm. Still keeping a grip on him I stepped between him and the teacher.

"Thank you young man for taking hold of that young hooligan. I'm of the firm opinion that a child who is regularly beaten just because a man thinks it's his right learns violence is the preferred way to behave if you can get away with it. I'm certain he's experienced countless beatings and witnessed at least double that number perpetrated upon his mother and siblings. Would you please escort him to the principal to be properly disciplined? I can't abide him returning to my classroom until he learns some respect."

"Ma'am, Miss Tewksbury, I'll take him over to Mr. Decory. However, I did overhear what you told him. I don't know if your theories hold water, but our father has never beaten Adam, our sisters or me and he sure would never raise a hand to our mother. What happened out on the ridge near our ranch and the subsequent trials must have affected him more than we thought because when he hit you he went against everything he's ever been taught."

I took my leave of Miss Tewksbury right after Abby joined us and confirmed Adam wasn't brought up to hit women. Abs and I each took an arm of our little brother and marched him over to see Mr. Decory. He suspended Adam until such time as the legal and resulting family troubles were behind us. However, our school principal and instructor of those students like myself who remained in school past eighth grade did insist that ma and pa come to school tomorrow with Adam so he could formally apologize for his actions and they could give her a better understanding of the effect of recent events our family. Mr. Decory felt it might help if all five of us were in Adam's classroom at three, right after school let out for the day. I already was on leave from clerking at the land office so it wouldn't be a problem for me.

Due to the nature of the trial just past and her recent arrival Miss Tewksbury naturally assumed that pa's detractors were providing her with a true picture of his personality. Her only previous contact with him was when the school board confirmed her appointment as the new teacher of the Dodge City School's youngest pupils. Pa's the chairman and he was his usual confident take-charge self. She was quite surprised to find a close-knit family and that ma could be just as insistent as pa about the way of things. The old spinster seemed to accept Adam's apology but he was still suspended.

Attending or not attending school hardly mattered because Leland's trial began first thing Monday morning and we were all there even if we didn't expect to be called as witnesses. I was surprised to see Adam and John's teacher was also at the courthouse seeking a seat in the courtroom where all the major local or federal trials were held. She must have found a temporary substitute because I couldn't see Mr. Decory allowing a whole class to miss school while their teacher attended a trial as a spectator. I reckon she wanted to learn more about the Dillon family by watching us on the stand. Most of us would be up there. We'd hoped Adam would be spared, but Leland's lawyer, Ted Gregson of Saint Louis wouldn't accept his and John's sworn testimony from the previous trial as sufficient.

Pa and I were called to the stand and duly cross-examined. As far as I could tell our testimony added nothing to the proceedings except to allow the defense to show the jury how little we'd actually observed of Curt Leland's movements, especially before the shooting of Adam and John. Although Breckinridge Taylor wasn't the prosecutor, Breck had discussed strategy with Mr. Paul Skidmore the Ford County Prosecutor. To my surprise Skidmore called Nathan Burke manager of Adams Express, Harry Bodkin, Fenton Hargrove and all the tellers at the bank, the owners of all the saloons, except Ma because she no longer dealt with day-to-day operations, the clerks and owners of every hotel and rooming house in town, Hank Miller at the main livery, the blacksmith and every stage and railroad employee who happened to be in town at the moment and was also around two weeks ago. He asked them all the same question about strangers in town that resembled the defendant in any way and received the same negative reply.

The final prosecution witnesses were the two five-year-old boys John O'Brien and my own little brother Adam Dillon. The boys repeated their testimony from last week's trial. When Gregson had his chance all that he elicited was more detail about what happened to them, but no change in their basic recollection of the events. Adam was even more certain of five rather than four shots, but still couldn't be sure if the bullet that struck him came from pa's gun shooting from below or from the Colt used by the man who shot John before he left the boys lying wounded on the ground at the top of the rise and rode away. The squirt was still certain the man up there with them was Curt Leland, the defendant.

Lionel Walker, our marshal since dad retired to become a judge, and his two deputies Uncle Festus and Clem Thompson were the first defense witnesses called. It was then I understood why Breck had insisted Skidmore question all those citizens and transients who might possibly be aware of any strangers who were similar to Gregson's client. All three lawmen agreed Leland was the man who brought the charges against pa after leaving me up on the rise to help pa get the boys to Uncle Newly. They also replied to the prosecution's one question that they saw no other stranger who even remotely resembled the defendant. The final witness was Curt Leland.

"Mr. Leland," his attorney began. "Please tell the court how you happened to come to this fair community and become embroiled in the events that have led to two trials for attempted murder."

"I'd heard of Dodge City from my older brother who'd passed through it nearly 20 years ago while traveling the countryside with his employer. Since my employer has business interests here I volunteered to come here and at the same time see the town for myself. I was riding around the countryside looking for business opportunities that might interest my employer when I heard gunshots. Given the reputation of the town I was curious to see if it was a gunfight or merely some hunters. It's then I met up with a young man who testified earlier. At the first trial I learned his name is Nat Dillon. He and I rode up to a horrible scene. The two boys, who thank God lived to be questioned at both trials, were lying on the ground of that rise, bleeding. The young man stayed to provide what help he could to the kids while I raced back to town to inform the authorities. I felt it was my duty even though I'm a stranger. I reported my opinion that the tall man with the drawn gun had shot them. It wasn't until his trial that I learned the man was the father of one of the downed boys and also of the young man I rode to the scene with, who I now know as Nat Dillon."

"Before you leave the stand and your attorney rests his case, I'd appreciate it if you would clarify some points for me," Mr. Skidmore said. "What is the nature of your employer's business that would necessitate you riding around open country in Ford County? If you were so sure the man you now know as Judge Matthew Dillon was responsible for shooting Adam Dillon and John O'Brien, why didn't you stay to help Nat Dillon get the boys to a doctor by holding a gun on the older man instead of leaving Nat to deal with it himself? I assume you were armed. Please correct me if I'm wrong about that."

"I was riding around because my employer is concerned with many areas involving the chance to make large profits through careful investment, including land speculation. I was checking on the viability of land that was available to the south of the area of that rise along the Hays Road. I was circling back toward town when I came upon young Dillon. I admit that I could have done what you said, since I was packing a sidearm, but I thought the young man would be better prepared to help the two boys since he lives in the area and, to my shame, I panicked when I saw the man with the gun. Besides, somebody had to make certain any scoundrel evil enough to shoot down two innocent young boys was reported to the law so he could be apprehended. If I hadn't there might have been four deaths instead of two near deaths."

With that, both lawyers summed up their cases; putting the most favorable slant they could on the testimony. Judge Benson reminded the jury of the meaning of reasonable doubt and sent them off to reach a verdict. By this time it was late in the afternoon and nobody expected a decision until late that night at the earliest. We went home, expecting to return early the next morning.

The whole family, even Albert Goode our foreman, who, truth be told, is like a cousin to me, was in town by eight. The O'Brien family, including Aunt Paula's pa Bear, joined us not long after as did Grandpa, Doc Adams to most folks, when we pushed three of Delmonico's tables together so we could all eat breakfast like one huge family. We ate a leisurely meal, but finally moseyed over to the courthouse to wait in pa's office there. Judge Benson, who was borrowing the office for the duration of the trials, strolled in an hour later at ten from the Dodge House, followed closely by the bailiff assigned to the jury. They'd stopped their deliberations around midnight last night, were escorted to rooms at the Dodge House and then back to the room at the courthouse where they were sequestered at seven so they could eat their first meal of the day and finally come to a decision. We followed the judge into the courtroom and watched as the jury filed in and the little piece of paper with the verdict was relayed to Judge Benson.

Curt Leland rose from his chair behind the defense table to hear the decision. Pa and I looked at each other wondering if some of the men on the jury with grudges against him could have swayed the rest against a guilty verdict. We waited while the jury foreman, Roy Butler, who owns the farm to the northeast of our ranch, began to speak.

"On the first and third counts of attempted murder, that of John Newton O'Brien and Judge Matthew Dillon, we find the defendant Curt Leland guilty. We also find the defendant guilty on two counts of kidnapping of the minors John Newton O'Brien and Adam Galen Dillon, on a single count of coercion to the attempted murder of Judge Matthew Dillon by Adam Galen Dillon and two counts of conspiracy to fraudulently convict Judge Matthew Dillon of two counts of attempted murder of the two minor shooting victims John Newton O'Brien and Adam Galen Dillon. However, we found there was reasonable doubt as to whether his bullet was the one that struck Adam Galen Dillon, so our verdict on the second count of attempted murder, that of Adam Galen Dillon, is not proven."

"Thank you gentleman of the jury for discharging your duty so thoroughly. You're dismissed. Mr. Leland, do you have anything to say before I pronounce sentence?" the judge added.

It was then Leland launched into an incredible tale. His brother Duke Pritchard had come through Dodge City with the Saint Louis Red Stockings as a star 20-year-old pitcher in June 1873. Their father, having survived being severely wounded in the war, was killed in an industrial accident at the brewery where he worked just before Leland was born in '68. Their mother some might say was lucky enough to find a man willing to take on a ready-made family in '69, but Duke and Curt didn't agree. The man, Charles Leland, reluctantly agreed to give the baby his name since he'd never known any other father, but Duke wanted to keep the name of the man who raised him until he was 15. Duke took it upon himself to protect his little brother from the endless beatings he and his mother already suffered whenever the man was drunk and that was just about every night. He was already the main breadwinner when he sought out the local ward boss, who relieved him of his abusive stepfather as an 18th birthday present.

The experience toughened Pritchard, but also gave him the determination to succeed as a professional ballplayer and defend what was his at all costs. In return for having his cruel stepfather eliminated he had to do his fair share of killing and not just of grown men. He soon began to teach his brother, who was still a toddler, how to do whatever had to be done to come out on top. Young Curt worshipped his older brother and followed everything he told him. If anything life became harder after his brother met his death in Dodge City during that fateful visit. Curt learned the man who killed him had mocked Duke by turning down the offer to pitch for the team, so in retaliation Duke knifed Matt Dillon's woman and Dillon in turn shot Duke. Curt heard this from Hal Reinhold another Red Stockings ballplayer whom Dillon had wronged by taking away a fiddle he'd claimed. The five-year-old hardened his heart and learned all he could from the leader and older boys in his brother's former gang until the opportunity arrived.

Upon his arrival in town Curt listened to all the town gossip until he knew Dillon would be riding along the Hays Road on that second Monday in October. He'd scouted out a perfect perch from which to ambush the object of his hatred while conducting his boss' business of seeking out a new base from which to conduct operations in the growing community with an auxiliary force. As he approached two boys were already on the spot and they were, he guessed, five years old or thereabouts. He learned from watching purchases that many boys of that age were taught to hunt by their fathers with boy-sized rifles. He'd force the boys to grow up fast like he had to do when he was their age by giving one the choice of seeing his friend killed or killing the man with the rifle Curt had purchased from the general store for his nephew. If the redheaded boy hadn't hesitated, he wouldn't have shot the other boy. If when he grabbed the redhead, forcing him to pull the trigger, Dillon had gone down that would have been fine as well. However, the shot missed and Dillon was able to return fire. Even more satisfaction would come from Dillon being accused of murdering two youngsters, the one with red hair being his son he learned. He fired a parting shot at the kid just as Dillon got off his second shot and set off for town only to meet up with who turned out to be another Dillon son causing him to alter his plan a bit.

Judge Benson didn't buy his reasoning and sentenced him to life instead of the 30 years he'd been leaning toward before Leland spoke. If nothing else, Curt Leland was quick. He spotted Clem Thompson sitting on the center aisle and grabbed his gun before the deputy could react, turning toward the seats occupied by our family. Before he could fire a shot, Uncle Festus drew and killed him. Pa would or I would have done it, but neither of us packs our irons regularly anymore. Fact is I never did; not after finding out at too young an age what it is to kill somebody even in self-defense unless dad told me to do it. We sure don't come heeled when we testify at a trial. Pa only packs iron when he travels on horseback since he's retired from being a US Marshal and there are still those out to get him.


	7. Chapter 7 Epilogue

**Chapter 7 – Epilogue**

Over the course of my career as a lawman, many men have tried to bushwhack me because I was forced to kill a relative of theirs while making an arrest. Others have tried to prevent me from taking them in or to get back at me through those closest to me. Too often that meant Kitty both before and after our marriage. I expect that, so it wasn't as surprising as it could have been that Curt Leland was Duke Pritchard's brother despite the more than 15 years since Pritchard stabbed Kitty because he thought I was prodding him. Leland would be spending the rest of his life in the Kansas penitentiary. Had he managed to kill John, Adam or me he would have hung. If he only killed both boys, I would be the one in prison or hung and Leland wouldn't even have been charged. It's a fact that under those last circumstances I'd never know who shot at me. However, while I'm certainly relieved that Adam and John lived, I can't accept the affect what happened that day's had on my boy.

Both my sons have been taught, Nat first by his birth father and then me after he and his sister Abby came to live with Kitty and me when he was ten, and Adam since he was born, to never hit a woman. Adam violated that when he hit his teacher. I'd spank him like I did when he stole from his mother as an added punishment to his suspension from school four days ago if I didn't know I was the underlying cause. Still, I reckon I'll have to talk with him now that we're past the trials and he'll be at home for at least the rest of the week. There are no major cases for me to judge here at the courthouse, which means I'll be working out of my office at home. I'll use the time there to think things through and decide whether or not I need to leave, at least for a time. Perhaps by then Kitty will be able to forgive me.

Bear, Newly and Paula already have granted me forgiveness. They did it that first night when Nat and I brought John and Adam to them so Newly could save their lives. Once the truth came out in my trial that Leland had shot John it didn't signify for them that in firing blindly at whoever was on the rise because there was no way my bullet was nearly the cause of his death. It all belonged to Leland. That's not the case with my own son. I doubt we'll ever know for sure with Adam so I assume it was my bullet that struck him because I didn't wait to see who was on that rise before firing back.

Doc agreed to provide dinner for Nat, who's now 16, and 13-year-old Abby during the lunch break at the Dodge City Community School so they wouldn't miss anymore time than they already have. Nat and Albert Goode, our foreman, rode their horses to town, so my two oldest could ride them home after school let out. We could head straight home. I drove the surrey with Albert joining me on the front seat and Kitty, who didn't seem ready to ride next to me, and our two youngest, five-year-old Adam and two-year-old Maria, on the back seat.

However, before we left, Kitty talked a bit with Paula about the two boys. Like me, she's worried about Adam's recent behavior. She told her that Adam seems to be holding back from being with his best friend, but neither John nor his parents hold anything against him or see any reason why he feels estranged from them.

Our two oldest arrived home in time for Nat to take care of his usual ranch chores and for Abby to help Kitty with getting supper on the table. Supper conversation was strained because none of us wanted to talk about the verdict either because what led to it was too painful or, in Maria's case, beyond her understanding. Still, Kitty and I managed to convey to each other in our usual way that after I kissed Maria goodnight, I'd oversee Adam getting ready for bed so he and I could have a father and son talk. The boy still hadn't adequately explained why he hit his teacher, if he even can. Also, I know what happened and, more to the point, what could have happened on that rise is eating at him. Still, I was hardly prepared for the first words he spoke.

"Pa, do you and mama still love me? Will you ever forgive me? Can Uncle Newly, Aunt Paula and John ever like me again? After all, I got John shot, almost killed you and then I hit a woman, my teacher, Miss Tewksbury. I wonder if she can forgive me enough for Mr. Decory to let me go back to school? I wouldn't want to be like Uncle Festus and not know how to read and write any better than a boy my age when I grow up."

"You're our son. We could never stop loving you," I said hugging him to me. "And what makes you think your Aunt Paula, Uncle Newly and John don't like you anymore? None of what happened on that rise was your fault. You did everything you could to not get anyone shot or killed. You may be big for your age because you're my son, but Leland's a full-grown man. First he gave you an impossible choice before shooting and nearly killing John and then that animal held you and forced you to squeeze the trigger of the rifle aimed at me but it was actually him doing it. He kept you from moving the rifle much or removing your finger. Hitting Mrs. Tewksbury is different. You are responsible."

"I'm glad you and mama forgive me and still love me, but what happened is just as much my doing as me hitting my teacher in her stomach. I should have turned that rifle on Leland and shot him before he shot John. Then I wouldn't have been forced to shoot at you and John wouldn't have been shot either. More than that, there would have been no need for you to come to trial or for either of us to think you shot me. There would have been no need for you to shoot back or reason for me to hit my teacher when she grabbed me."

"Adam, you're forgetting something very important. You're five, not nearly grown like your brother Nat or a grown-up like me. Killing isn't something to take lightly. As a marshal I hated being forced to kill another man, but far too often I was faced with a split second decision. I had to kill to prevent an innocent bystander or myself from being killed. Nat was far too young when he learned that and you're even younger than he was then. He was also more used to handling a weapon, at least the second time. Your experience with a rifle is how to use it to hunt small animals for food. With no time to think about it, you unconsciously called Leland's bluff when you hesitated to shoot Leland or me. The problem was it wasn't a friendly game of poker and he wasn't bluffing so he shot John and then pulled the trigger that sent that bullet past my ear. You can't blame yourself for what happened on that rise. That's not the case with your teacher. There was no split second decision involved that might or might not save lives."

"I reckon I see what you're saying, Pa. Still, with what happened up there, then your trial and his coming trial, I got angry when some of the boys were hurrahing me so I swung at them. I was still mad when Miss Tewksbury grabbed me and began yelling I was hitting them because you're a violent man who hits and shoots instead of finding a peaceful solution and started dragging me back inside the school so she could look for proof that you beat me, Nat, and especially Abby, Maria and mama regularly. She shouldn't have said those lies about you when I was already mad. I had to get away from her like I didn't get away from Leland, so I hit her. I reckon I forgot she's a woman and my teacher – someone I should respect and never, ever hit. I'm real sorry about it."

"I was thinking of spanking you for hitting her, but I won't. You feel bad enough already. I hope you learn from this and that as you grow into a man, you'll find a way to control that temper of yours better than I at times manage to control mine. You inherited a firry temper from your ma along with the red hair and, I admit, the need to strike back at the injustice you see around you from me. Goodnight, son. In the morning you can think things through while you do your chores and the schoolwork you've been assigned. It will help you to perhaps forgive yourself in time, but after you apologize to your teacher."

I tucked the covers around him and turned off the electric lamp by his bed. We had the money and so paid for the Dodge City Electric Company to run wires out to our house when we ran the telephone wires out this way. I left his bed, crossed to the door and closed it behind me when I passed through into the hallway. Like my son, I had some thinking to do about recent events. All too soon it seemed Nat and Abby were saying goodnight and heading for their rooms, leaving Kitty and I alone to retired to ours.

After more than 25 years together, Kitty knows me better than I know myself. We were sitting propped up against the headboard when she turned toward me.

"I can see by your face that your little talk with our son gave you something to ponder as well, Cowboy. Do you want to talk about it?"

"I reckon I could," I replied as I began repeating my conversation with the red-haired, freckle-faced boy whom everyone but me claims is just like me except for his hair. "Adam thinks it's all his fault, not just hitting Miss Tewksbury. I hope I got him to understand that the rest of it was beyond his control and that we love him and that he did nothing to John or me that needs to be forgiven and accept that it was Leland. That snake is the one who used a threat on the life of one boy to try to make another boy do his killing for him and then shot John when Adam couldn't shoot the man coming toward him even before he saw it was me."

"If anyone can get through to him, you can. He's so much like you in that he feels responsible even when there was nothing he could have realistically done. It seems to me there's an adult Dillon male who should pay attention to what he told his five-year-old son and apply it to himself."

"Now wait a minute, Kit. How are Adam's feelings like mine? He's five years old and had to deal with a grown-up situation that would be hard on most men. He did remarkably well, you know. I've had years of experience dealing with the same sort of problem. I should have waited to see who and how many were shooting before I returned fire and that's a fact."

"Is that a fact? You've just proven my point. I admit I was angry with you when I thought we could lose Adam and Newly and Paula could lose John because you reacted too fast and fired blindly, putting preserving your own life first. However, if you'd held back the boys might be dead along with you – all of you shot, not just the boys, while my stubborn husband inched his way up the hill so he could see his attackers. Leland would still have told the same story and done the same thing as he did when he came upon Nat, only I could have lost you and Adam would feel even worse if he lived. These two trials and Adam's suspension from school gave me time to get past my anger and see the real options you faced. Matthew Dillon, you need to stop feeling guilty and forgive yourself, just like you told our son. I've already forgiven both of you. I'll tell Adam that in the morning and then the four of us will go over the hill to the O'Briens so they can tell you for themselves that I'm right."


End file.
